Mississippi’s New Law: Is it Reducing Jail Time for Those Awaiting Mental Health Treatment? Insights Inside!

Last year, Mississippi passed a law to reduce the number of people jailed just for needing mental health care. The aim was to help those with serious mental illnesses get treatment instead of being held in jails. Officials claim this law has kept more individuals from being detained.

However, the data from various sources is inconsistent and often incomplete. This inconsistency makes it hard to assess whether the situation is genuinely improving. Rep. Sam Creekmore IV, who chairs the Public Health and Human Services Committee, noted, “Without consistent data, we can’t accurately evaluate our progress.”

The new law was developed after reports highlighted that many individuals without criminal charges were being held in Mississippi jails while waiting for mental health evaluations. These individuals received little to no mental health support and were treated like criminals. A previous investigation revealed that at least 17 people have died in similar situations since 2006, showing a critical need for reform.

Starting in July, the new law made it clear that people cannot be jailed unless all other care options have been tried first and they are “actively violent.” Furthermore, no one can be held for more than 48 hours without treatment. Instead, those in crisis are directed to mental health professionals who can recommend appropriate care without involving the justice system.

In the first three months of the law, over 1,300 people were screened, and more than 500 were directed to less restrictive treatment options. However, reports during this time showed significant differences in numbers from various state agencies. For instance, community mental health centers reported that 43 people were jailed, while the Department of Mental Health claimed the number was 102. This discrepancy raises questions about what is happening on the ground.

Additionally, only 43 of Mississippi’s 82 chancery court clerks submitted data as required, despite a law mandating psychiatric commitment reports. The clerks from those counties reported just 25 individuals incarcerated during the civil commitment process.

To address these issues, Creekmore is planning to propose a new bill to ensure that more counties comply with mandatory reporting. He remarked, “We need complete data to make informed legislative changes.”

Past discussions indicated that the Department of Mental Health would actively monitor counties for compliance. However, officials have clarified that their role is more about educating rather than enforcing the law.

Unlike many states, Mississippi still relies heavily on jails for mental health treatment, which is not common practice elsewhere. Only one jail in Mississippi is certified to care for individuals awaiting psychiatric treatment.

Sheriffs across the state have generally supported the new law, as keeping those with mental illnesses out of jails is seen as a positive change. Will Allen, an attorney for the Mississippi Sheriffs’ Association, noted, “Sheriffs prefer not to have sick individuals in jail.”

Implementing this law poses challenges, especially in rural areas lacking adequate resources or crisis stabilization units for immediate care. In well-resourced communities, limited crisis bed availability can lead to extra costs for counties as they may need to transport patients or place them in private facilities.

In Calhoun County, the nearest crisis stabilization unit is over 30 miles away. Chancery Clerk Kathy Poynor expressed, “We simply don’t have the facilities to accommodate these individuals. Rural areas struggle to meet the financial demands.”

Some advocates argue that stricter oversight of the law is necessary. Greta Martin from Disability Rights Mississippi stated that without enforcement, the law’s effectiveness is in jeopardy. “If there’s no oversight to ensure compliance with a 48-hour hold limit, what’s the point of the law?” she questioned.